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Family law in India governs legal matters related to family relationships, such as marriage ,divorce, child custody, adoption, inheritance and more. India’s family law is governed by a number of religious oriented personal laws and secular laws that apply to people residing in India.
MUTUAL CONSENT DIVORCE : When both the spouses agree to end their marriage, it is an amicable approach where without any contesting issues both the spouses end their marriage. This method is generally faster, less expensive and less emotionally draining compared to a contested divorce.
The petitioner (spouse seeking for Divorce) submits a petition stating the grounds for divorce.
The respondent (other spouse) may contest the claims .
Both parties present their case before the court .
If only the court orders an attempt at reconciliation through mediation, if it fails then the court grants a divorce decree .
Here both parties file a petition before the family court .
The courts grants 6 months which also be extended upto 18 years months for reconciliation.
After 6 months , if both the parties still want divorce,they appear before the court again.
The court grants the divorce decree, and the marriage is legally dissolved.
Marriage must comply with personal laws (Hindu Marriage Act, Special Marriage Act, etc.), both parties must be of legal age (21 for males, 18 for females), and must not have a living spouse from a previous marriage (unless legally divorced).
A mutual consent divorce takes a minimum of 6 months (cooling-off period) but can be expedited if the court waives this period in special cases.
Yes, under Section 125 CrPC and personal laws, a wife can claim maintenance from her husband if she is unable to support herself.
Cruelty, adultery, desertion, mental disorder, conversion of religion, renunciation, and presumption of death (missing for 7 years).
Yes, if the husband is financially dependent and the wife earns significantly more, courts may grant him maintenance under Hindu Marriage Act, Section 24 & 25.
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